If you blinked, you might have missed it – but Trading Standards’ long-awaited Material Information guidance has quietly been pulled from under our feet.

Don’t worry, you didn’t sleep through another government press release. The removal didn’t come with a trumpet fanfare, nor a headline-grabbing scandal. Just a subtle changing of the guard: the detailed, colour-coded requirements that once sat on the NTSELAT website have been ushered out, and in their place stands the new sheriff in town – The Digital Markets, Competition and Consumers Act 2024 (or DMCC, if you’re into acronyms and bedtime reading).

So, what does this mean?

In theory, everything has changed. In practice? Nothing has. The legal obligation to disclose material information remains very much intact. It’s just that now, the definition of what actually counts as material has been left to that famously reliable industry tool: common sense.

Let that sink in

For the last few years, agents have been working (or at least trying) to navigate a fairly prescriptive set of guidance. Part A, Part B, Part C – it was essentially a checklist. Now, the baton has been passed to the DMCC, which introduces a broad requirement not to omit “material information” – defined in the Act as anything that could affect a consumer’s “transactional decision.” Helpful? Kind of. Specific? Not at all.

And herein lies the problem

Because as much as we might like to believe in the industry’s professionalism, we also know how tempting it is, when vying for an instruction, to prioritise speed over substance. The risk now is that some agents interpret vagueness as an opportunity to cut corners. After all, if there’s no colour-coded PDF telling you exactly what to disclose, why not keep quiet about the flood risk? Or the lack of parking? Or the neighbour who plays the drums at 2am?

But here’s the truth: being vague won’t protect you—being thorough will

Yes, the guidance has vanished. But consumer protection hasn’t. In fact, the DMCC gives more power to the CMA to crack down on misleading omissions. It might not hand you a checklist, but it absolutely hands consumers the right to challenge your practices in court.

So, what should agents do?

It’s simple. Don’t drop your standards – raise them. Ask yourself: “Could this piece of information affect a customer’s decision to view, offer, or buy?” If the answer’s yes, disclose it early, clearly, and in writing. Not just to cover your back, but because it builds trust, speeds up transactions, and (call me old-fashioned) it’s the right thing to do.

Don’t drop your standards – raise them.”

In an era of increasing scrutiny and decreasing patience, transparency isn’t just a legal safeguard. It’s a business advantage.

So don’t treat the removal of Trading Standards’ guidance as permission to wing it.

If anything, this is your cue to be sharper, not sloppier. Disclose clearly, act early, and stay one step ahead –because doing things properly isn’t a burden, it’s a business advantage.

Toby Martin is the Head Chimp at Toby Martin Consultancy & Training.